Man Objects To City's Car Impoundment Procedure

A defendant in a civil suit before District Justice Joseph Maura of Bethlehem yesterday raised questions about Bethlehem's procedures for having his car impounded.

John Hafer, a self-employed car repairman of 23 W. Dewberry Ave., Bethlehem, was being sued by Joseph Antiga, owner of Antiga's Garage, Bethlehem, for $2,075. Antiga has stored a car owned by Hafer since it was ordered removed Oct. 19, 1983, from Clermont Street by city police.

Hafer produced a copy of the city's ordinance for the impounding of illegally parked vehicles. The ordinance lists nine garages authorized to tow cars for the police. Antiga's Garage was not among them.

Antiga said he is a member of the Bethlehem Towing Association and thus is authorized to tow. The association is not listed in the city ordinance.

Hafer read from the ordinance that an authorized towing garage is required to post a $10,000 bond or equivalent security with the city for indemnifying the owners of impounded cars. Indemnification is having money secured to pay for unforeseen damage to or loss of any car impounded.

He then read a letter from Edward "Jack" Downing, city business administrator, which said there is no record of Antiga's filing such a bond, "or for that matter (bond filing) by any other garage keeper in the city."

Antiga responded that he had $300,000 of his own insurance and thus Hafer was indemnified.

Hafer claimed police failed to properly notify him that his car was impounded. Referring to the ordinance, he said he was not given the required written notice within 12 hours of the impounding.

Patrolman Daryl Fornauf said he searched Hafer out and orally told him of the impounding.

An article in the city ordinance, on a sheet provided by Hafer but not mentioned at the hearing, says if a person believes his car has been wrongly impounded he should pay the charges under protest then seek a hearing before a magistrate.

Antiga claimed Hafer owed him $30 for towing and $2,045 for storage. Hafer pointed out that the city ordinance stipulates $25 for such towing and claimed Antiga has been overcharging on towing for 10 years.

Antiga said he would amend Hafer's bill on that point. Antiga said he has been charging others $5 more than is stipulated and would gladly refund the overcharge of those who come to him.

Hafer said Antiga's $5-per-day charge for storage was improper and amounted to an $800 overcharge. Hafer pointed out the city's ordinance stipulates only a $3 per day charge.

Antiga, former Democratic city chairman currently seeking his party's nomination for mayor, has said he would amend his claim, reducing the amount he is seeking.

Police said the car, driven by a woman friend of Hafer, was stopped in 1983 because of motor vehicle code violations, including an improper license plate and inspection. Hafer said he was on vacation at the time.